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GENERAL TERMS AND CONDITIONS

ENRON CREDIT DERIVATIVES

GENERAL TERMS AND CONDITIONS ("GTCs")

Annex C (Canada)

Bankruptcy Events:

  1. the Reference Entity is adjudicated or found to be insolvent or unable to pay its debts by any court of competent jurisdiction;
  2. the Reference Entity is adjudicated insolvent or bankrupt or an order for relief is entered, or made, for its winding-up or liquidation; or
  3. the Reference Entity institutes with respect to itself or has instituted against it a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditors’ rights, or a petition is presented for its winding-up or liquidation, and, in the case of any such proceeding or petition instituted or presented against it, such proceeding or petition is not dismissed, discharged, stayed or restrained, in each case within 60 days of the institution or presentation thereof;
  4. the Reference Entity has a resolution passed for its winding-up, official management or liquidation;
  5. the Reference Entity becomes subject to the appointment of an administrator, provisional liquidator, conservator, monitor, receiver, trustee, custodian or other similar official, including the Superintendent of Financial Institutions where applicable, for it or for all or substantially all its assets;
  6. any event with consequences similar or analogous to any of those referred to in (i) to (v) (inclusive) above occurs in any jurisdiction outside Canada in relation to the Reference Entity.

Specified Local News Sources: None.

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